VOTING RIGHTS OF VOTING RIGHTS OF PEOPLE IN NEW YORK PEOPLE IN NEW YORK

WITH CRIMINAL WITH CRIMINAL RECORDSRECORDS

Created by the Legal Action Center for Created by the Legal Action Center for the NYS Division of Probation and Correctional the NYS Division of Probation and Correctional

Alternatives (DPCA) Alternatives (DPCA)

October 2008October 2008

SECTIONSECTION I: I:

Who Can Vote?Who Can Vote?

General RequirementsGeneral Requirements

To vote in New York, you must have registered to vote and:

Be at least 18 years old by the date Be at least 18 years old by the date of the election you want to vote inof the election you want to vote in

Be a citizen of the United StatesBe a citizen of the United States Be a resident of New York StateBe a resident of New York State Live at your present address at least Live at your present address at least

30 days before an election 30 days before an election

You May Be Able to VoteYou May Be Able to Vote If You Have a Criminal If You Have a Criminal

RecordRecord

You You CANCAN Vote If: Vote If:

You have been adjudicated (found to You have been adjudicated (found to be) a Youthful Offender.be) a Youthful Offender.

You You CANCAN Vote If: Vote If:

▪ ▪ YOU HAVE BEEN CONVICTED OF A YOU HAVE BEEN CONVICTED OF A MISDEMEANOR – even if you are still MISDEMEANOR – even if you are still in jail. in jail.

(Voting in jail is done by absentee ballot)(Voting in jail is done by absentee ballot)

You You CANCAN Vote If: Vote If:

You are on probation or conditional You are on probation or conditional discharge, even for a felony discharge, even for a felony conviction. conviction.

But if you are serving jail time for a But if you are serving jail time for a felony felony as part of probation or as part of probation or conditional discharge, you need a conditional discharge, you need a certificate of relief from disabilities.certificate of relief from disabilities.

You You CANCAN Vote If: Vote If:

You are on local conditional release. You are on local conditional release.

But if you are on local conditional But if you are on local conditional release for a release for a felonyfelony, you need a , you need a certificate of relief from disabilities.certificate of relief from disabilities.

You You CANCAN Vote If: Vote If:

You are convicted of a felony and have You are convicted of a felony and have served your maximum sentence of served your maximum sentence of imprisonment (maxed out).imprisonment (maxed out).

You You CANCAN Vote If: Vote If:

You have been discharged from You have been discharged from parole.parole.

You You CANCAN Vote If: Vote If:

You are on parole You are on parole andand have: have:

a certificate of relief from disabilities a certificate of relief from disabilities or or

a certificate of good conduct.a certificate of good conduct.

To Find Out if You Are Eligible To Find Out if You Are Eligible for a Certificate of Relief from for a Certificate of Relief from Disabilities or a Certificate of Disabilities or a Certificate of

Good ConductGood Conduct Call the Legal Action Center at 212-243-Call the Legal Action Center at 212-243-

1313 or visit their website at 1313 or visit their website at www.lac.orgwww.lac.org

Visit LawHelp at Visit LawHelp at www.lawhelp.org/nywww.lawhelp.org/ny, or, or

Ask your probation or parole officer.Ask your probation or parole officer.

You You CANCAN Vote If: Vote If:

You have been pardoned.You have been pardoned.

You You CANCAN Vote If You Are in Vote If You Are in Jail If:Jail If:

▪ ▪ You are awaiting trial, orYou are awaiting trial, or

▪ ▪ You have been convicted of a You have been convicted of a violation or a misdemeanor, orviolation or a misdemeanor, or

You are in jail for a felony (and not You are in jail for a felony (and not going to prison) going to prison) andand you have a you have a certificate of relief from disabilities.certificate of relief from disabilities.

(You (You cannotcannot vote if you are in prison or in vote if you are in prison or in jail and on your way to prison.)jail and on your way to prison.)

If You Are in Jail and Eligible to If You Are in Jail and Eligible to Vote:Vote:

You must vote by absentee ballot.You must vote by absentee ballot.

To Obtain an Application for an To Obtain an Application for an Absentee Ballot:Absentee Ballot:

Visit the New York State Board of Visit the New York State Board of Elections Website at: Elections Website at:

http://www.elections.state.ny.us/http://www.elections.state.ny.us/

Voter RegistrationVoter Registration

It is necessary that you be registered It is necessary that you be registered to vote.to vote.

You may need to register again to You may need to register again to vote if you have been in prison or jail vote if you have been in prison or jail for a felony. for a felony.

To find out if you are registered, visit To find out if you are registered, visit the New York State Board of the New York State Board of Elections Website at: Elections Website at:

http://http://www.elections.state.ny.uswww.elections.state.ny.us//

Now Let’s Review:Now Let’s Review:Do you know the Do you know the

answers?answers?

Q: Can a person on Q: Can a person on probation vote in New probation vote in New York?York?

A: Yes , even if convicted of a felony. A: Yes , even if convicted of a felony.

But if a person is in jail (not prison) as part But if a person is in jail (not prison) as part of a felony probation sentence, he or she of a felony probation sentence, he or she needs a certificate of relief from needs a certificate of relief from disabilities.disabilities.

(Voting in jail is done by absentee ballot)(Voting in jail is done by absentee ballot)

Q: Can a person on Q: Can a person on conditional discharge conditional discharge vote in New York?vote in New York?

A: Yes , even if convicted of a felony. A: Yes , even if convicted of a felony.

But if a person is in jail (not prison) as part But if a person is in jail (not prison) as part of a conditional discharge for a felony, he of a conditional discharge for a felony, he or she needs a certificate of relief from or she needs a certificate of relief from disabilities.disabilities.

(Voting in jail is done by absentee ballot)(Voting in jail is done by absentee ballot)

Q: Can a person Q: Can a person convicted of a convicted of a misdemeanor vote in misdemeanor vote in New York?New York?A: Yes.A: Yes. Anyone convicted of a Anyone convicted of a

misdemeanor can vote in New York; misdemeanor can vote in New York; if she or he is in jail, this can occur by if she or he is in jail, this can occur by absentee ballot.absentee ballot.

Q: Can a person no Q: Can a person no longer on parole vote in longer on parole vote in New York? New York?

A: Yes.A: Yes.

Q: Can a person on Q: Can a person on parole vote in New parole vote in New York?York?

A: Yes, A: Yes, but only ifbut only if he or she gets a he or she gets a certificate of relief from disabilities or certificate of relief from disabilities or a certificate of good conduct.a certificate of good conduct.

Q: Can a person on local Q: Can a person on local conditional release vote conditional release vote in New York?in New York?

A: A: Yes, but if on local conditional Yes, but if on local conditional release for a release for a felonyfelony, , only if he or she only if he or she gets a certificate of relief from gets a certificate of relief from disabilities.disabilities.

Q: Can a person vote in Q: Can a person vote in New York if she or he is New York if she or he is in jail?in jail?

A: Maybe.A: Maybe. A person in jail A person in jail maymay vote vote by absentee ballot if:by absentee ballot if: convicted of a violation or misdemeanor, convicted of a violation or misdemeanor,

oror awaiting trial, or awaiting trial, or in jail for a felony (and not going to in jail for a felony (and not going to

prison) and he or she has a certificate of prison) and he or she has a certificate of relief from disabilities.relief from disabilities.

Q: Can a person vote in Q: Can a person vote in New York if she or he is New York if she or he is in prison?in prison?

A: No. A: No. A person in prison or in jail A person in prison or in jail convicted of a felony and on the way convicted of a felony and on the way to prison cannot vote. to prison cannot vote.

SECTION II:SECTION II:

Why Vote?Why Vote?

Why Do You Need to Know This Why Do You Need to Know This Information?Information?

Because, in 2006, a survey by the Because, in 2006, a survey by the Brennan Center found 1 in 3 election Brennan Center found 1 in 3 election boards in New York did not allow boards in New York did not allow eligible voters to vote because they eligible voters to vote because they had a felony record.had a felony record.

If you know your rights, If you know your rights, you can protect yourself. you can protect yourself.

Why Your Vote MattersWhy Your Vote Matters

Voting gives you a voice on issues Voting gives you a voice on issues like employment, housing, health like employment, housing, health care, and your children’s education. care, and your children’s education.

By voting, you support your By voting, you support your community and can better ensure community and can better ensure those living in your community and those living in your community and your community’s interests are your community’s interests are represented.represented.

Why Your Vote MattersWhy Your Vote Matters

““We know that Americans of We know that Americans of good will have learned that no good will have learned that no

nation can long continue to nation can long continue to flourish or to find its way to a flourish or to find its way to a better society while it allows better society while it allows any one of its citizens...to be any one of its citizens...to be

denied the right to participate in denied the right to participate in the most fundamental of all the most fundamental of all

privileges of democracy - the privileges of democracy - the right to vote.” right to vote.”

- - Dr. Martin Luther King, Dr. Martin Luther King, Jr.Jr.

(“Civil Rights No. 1: The Right to Vote,”(“Civil Rights No. 1: The Right to Vote,” The New The New York Times, York Times, March 14, 1965.)March 14, 1965.)

SECTION III:SECTION III:

How to Register to How to Register to VoteVote

Which Documents Do I Need to Which Documents Do I Need to Bring to Register to Vote?Bring to Register to Vote?

You do You do NOTNOT need to bring any need to bring any documents to register to vote.documents to register to vote.

Where Can I Register to Where Can I Register to Vote?Vote?

At your local county Board of ElectionsAt your local county Board of Elections By calling 1-800-FOR-VOTE to request an By calling 1-800-FOR-VOTE to request an

applicationapplication Download the form or complete it online Download the form or complete it online

at at www.elections.state.ny.uswww.elections.state.ny.us, print it and , print it and mail it to your local Board of Electionsmail it to your local Board of Elections

At the DMV, CUNY and SUNY campuses, At the DMV, CUNY and SUNY campuses, VESID, Department of Health and other VESID, Department of Health and other government agenciesgovernment agencies

How to Contact Your Local How to Contact Your Local Board of Elections in New York Board of Elections in New York

CityCity Manhattan:Manhattan:

200 Varick St., 10 Fl200 Varick St., 10 FlNew York, NY 10014New York, NY 10014Tel: (212) 886-2100Tel: (212) 886-2100

Bronx:Bronx:1780 Grand Concourse, 5 Fl1780 Grand Concourse, 5 FlBronx, NY 10457Bronx, NY 10457Tel: (718) 299-9017Tel: (718) 299-9017

Queens:Queens:126-06 Queens Boulevard126-06 Queens BoulevardKew Gardens, NY 11415Kew Gardens, NY 11415Tel: (718) 730-6730Tel: (718) 730-6730

Staten IslandStaten Island1 Edgewater Plaza, 4 Fl1 Edgewater Plaza, 4 FlStaten Island, NY 10305Staten Island, NY 10305Tel: (718) 876-0079Tel: (718) 876-0079

Brooklyn:Brooklyn: 345 Adams Street, 4 Fl 345 Adams Street, 4 Fl Brooklyn, NY 11201 Brooklyn, NY 11201 Tel: (718) 797-8800 Tel: (718) 797-8800

SECTION IV:SECTION IV:

What Can I Do If I Have What Can I Do If I Have Problems Registering Problems Registering

to Vote?to Vote?

If You Are Denied the Right to If You Are Denied the Right to Register to Vote in New York City, Register to Vote in New York City,

Please Contact One of the Please Contact One of the Organizations Listed Below:Organizations Listed Below:

Legal Action Center (212)243-1313Legal Action Center (212)243-1313 Voter Enfranchisement Project at Voter Enfranchisement Project at

Bronx Defenders (718)838-7878 Bronx Defenders (718)838-7878 Election Protection Hotline Election Protection Hotline

1-866-OUR-VOTE1-866-OUR-VOTE Brennan Center (212)998-6730Brennan Center (212)998-6730

Who to Contact if You Are Denied Who to Contact if You Are Denied the Right to Register the Right to Register OutsideOutside New New

York CityYork City

• Center for Law and Justice – Albany, Center for Law and Justice – Albany, NY (518)427-8351NY (518)427-8351

• Legal Action Center (212)243-1313Legal Action Center (212)243-1313• Election Protection Hotline Election Protection Hotline

1-866-OUR-VOTE1-866-OUR-VOTE• Brennan Center (212)998-6730Brennan Center (212)998-6730